Huf property issue
Shah Hardik
(Querist) 16 February 2016
This query is : Resolved
My Grandfather, through his own savings had bought a flat, however for tax purpose he created it as an HUF. He has two sons and a married daughter.On his death he has written a will which states that the property post the demise of his Wife( which is my grandmother) should be transferred only in the name of one son.
Now my query is, do the other son and daughter still have any right/share on the property.
Anirudh
(Expert) 16 February 2016
At best, your grandfather could have written a WILL only about his share in the HUF property. He has no right to WILL away the shares of others in the HUF property. To that extent, his action in transferring the entire property through WILL to one person is invalid and challengable.
Shah Hardik
(Querist) 16 February 2016
Thanks Anirudh for your prompt reply.
In case the other Son and Daughter are ready to giveup their share in the said property, what kind of legal document would I have to get it signed from them, so that I can sell the flat without worrying about any legal complication related to HUF.
kavksatyanarayana
(Expert) 16 February 2016
Shah Hardik, as you said the other son and daughter if ready to give up their share, get registration of Release deed by them in your favour.
Rajendra K Goyal
(Expert) 17 February 2016
In such case let them relinquish their share through registered deed.
Shah Hardik
(Querist) 19 February 2016
Thanks a lot for your replies.
Also wanted to ask is there any stamp duly implied based on the property value to get this registered deed.
Santosh Goswami,Advocate
(Expert) 20 February 2016
The fact that it is HUF property, GF is not empowered to execute a Will and therefore Will can be challenged and other legal heir can lay a claim over it.
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